Affidavit in Support of Application for Proof of Lost or Destroyed Will (ON)

Summary

This precedent is a sample affidavit in support of an application for proof of a lost or destroyed will. It sets out items such as details of the applicant, the particulars of the lost will, and the estate assets. It contains practical guidance, alternate clauses and drafting notes. In some cases, only a photocopy of an original will can be located. In such circumstances, the named estate trustee and/or beneficiaries may be required to make an application to the court to "prove" the lost or inadvertently destroyed original will before the court will confirm the trustee's authority to administer the deceased's estate, as may be necessary in order to obtain access and/or liquidate estate assets. The procedural steps for proving a lost or destroyed will are set out in r. 75.02 of the Rules of Civil Procedure, R.R.O. 1990, Reg.194, and provides that the validity and contents of a will that has been lost or destroyed may be proven on an application (a) by affidavit evidence without ...